A tiny, uninhabited island in the Palk Strait between India and Sri Lanka has suddenly become a hot topic of debate ahead of the Lok Sabha elections. Questions kept swirling about Katchatheevu—as they do now—in Parliament for decades, even before the maritime boundary was settled. They irritated the country's first prime minister Jawaharlal Nehru so much that he chose to put his annoyance on record.
“I attach no importance at all to this little island and I would have no hesitation in giving up our claim to it. I do not like matters like this pending indefinitely and being raised again and again in Parliament. It is true that with the present conditions in Ceylon, as they are, this is not the right time to raise any matter with them,” Nehru wrote in a file noting on May 10, 1961. This extract from a recent right to information (RTI) reply received by BJP's Tamil Nadu state president K Annamalai was amplified by him and his party to allege that the Congress doesn't care for the country’s territorial integrity.
The second target of the BJP was the ruling DMK in Tamil Nadu. The DMK has been vociferous about injustice on Katchatheevu, arguing it was never a party to its 'ceding'. But the RTI reply shows the DMK head and the then chief minister M Karunanidhi was given a full briefing by the Centre about the first Indo-Sri Lankan Maritime Agreement between the then prime minister Indira Gandhi and her Sri Lankan counterpart Sirimavo Bandaranaike, days before the pact was inked on 26-28 June 1974. The accord placed Katchatheevu on the Lankan side of the International Maritime Boundary Line (IMBL). Yet, Karunanidhi gave his approval though he public posture was to oppose the accord. His government was kept in the loop right through the negotiations with the friendly neighbour and not just at the last leg.
BJP narrative
The BJP sought to drum up the narrative of the Congress betraying those for whom Katchatheevu is their lifeline, and the DMK for feigning ignorance about the pact while giving its tacit approval to it. It sought to put the DMK and the Congress in the dock for projecting themselves as messiahs of the fisherfolk harassed by the Sri Lankan navy, though they were historically ‘part of the problem’.
After Annamalai disclosed the RTI reply, Prime Minister Narendra Modi tweeted it saying, “New facts reveal how Congress callously gave away Katchatheevu. This has angered every Indian and reaffirmed in people's minds - we can't ever trust Congress. Weakening India’s unity, integrity and interests has been Congress’ way of working for 75 years and counting.” Soon after, Finance minister Nirmala Sitharaman and External Affairs Minister S Jaishankar weighed in, accusing the DMK and the Congress of being party to the 'ceding' of Katchatheevu. Both the DMK and the Congress retaliated with whataboutery, asking the BJP what prevented it from retrieving Katchatheevu during its 10 years in power. The BJP hopes to milk the controversy to grab a slice of the fisherfolk vote bank.
While the 1974 accord allowed both sides to fish in each other's traditional waters, the one in 1976 gave each party sovereignty over their historic waters and the territorial sea, as well as the islands falling on their side of the IMBL. Indian pilgrims could visit Katchatheevu without travel documents and fishermen could take rest and dry their nets on the island. But fishing rights for them were history. The 1976 pact also settled the maritime boundary in the Gulf of Mannar and the Bay of Bengal, agreeing that the Wadge Bank to the south of Cape Comorin “lies within the exclusive economic zone of India, and India shall have sovereign rights over the area and its resources”. (See sidebar)
MEA’s response
Curiously, Annamalai's RTI application got the desired response from the MEA though efforts by others in the past to ferret out information on Katchatheevu was stonewalled. For example, to a 2014 query by H Arokkiaraj, the foreign office said, "The Katchatheevu Island issue is, however, currently sub-judice with two Writ Petitions (Nos 561 (2008) and 430 (2013)) filed in the Hon'ble Supreme Court of India. It may also be noted that, the issues of Katchatheevu and IMBL pertain to the Government of Sri Lanka, a friendly neighbouring country in this context, the disclosure of the requested document/ information would prejudicially affect India's relations with a foreign state Hence, the information sought above would fall under the purview of section 8 (1) (a) of RTI Act of 2005 and would be exempted from disclosure."
The foreign office changed the script a tad in its response to a RTI query on Katchatheevu in 2015, which gave the Opposition the latest ammunition to challenge the BJP spin. The reply said, "This did not involve either acquiring or ceding of territory belonging to India since the area in question had never been demarcated." It put the BJP in a pickle because the RTI response was given during Jaishankar's watch as foreign secretary. It explicitly said there was no ceding though the BJP now insists Katchatheevu was given away.
Annamalai had sought and got two documents: one, the MEA’s summary background note for a meeting of the informal consultative committee on March 19, 1968; and two, a copy of the meeting the foreign secretary of the day had with Karunanidhi on June 19, 1974.
Zamindari rights
The 1968 document says the Raja of Ramnad had zamindari rights on the island till the Ramnad Estate was taken over by the Government of Madras in 1949 under the Estates Abolition Act (1948). The zamindari had been granted to the Raja of Ramnad by the East India Company in 1803. But there was no documentation to establish the ownership. The question of ownership of Katchatheevu came up at a conference on fishing rights in 1921 between India and Ceylon (later Sri Lanka). The then British India accepted the British Ceylon's claim to the island subject to the zamindari rights of the Raja of Ramnad and intimated the Secretary of State for India accordingly, but did not ratify the proceedings.
The backgrounder includes a note by the then Commonwealth Secretary Y D Gundevia on May 10, 1961, which said, the then unstable political situation in Ceylon did not make the atmosphere right for any honest, healthy discussion on Katchatheevu. Besides, since Ceylon was not anxious to discuss the matter at that point, "it would not be in our interest to take the initiative and risk having to give up the island." That was the note that provoked Nehru to make that insensitive 'little island' comment.
The trade-off
But a dispassionate reading of the RTI documents suggests Karunanidhi went by the supreme national interest while giving his concurrence to the proposed accord. One of the important points the then foreign secretary Kewal Singh underlined when he met Karunanidhi on June 19, 1974 in Madras—days before the treaty—was of a secret oil find off Kanniyakumari, which India wants on its side of the maritime border. By yielding on Katchatheevu, the country wanted as big a chunk of the oil strike area as possible in the Wagde Bank, in its deal with Sri Lanka.
Singh explained the relative weakness of India's claim for sovereignty over Katchatheevu, saying Sri Lanka (name change in 1972) had a much stronger case. When the CM asked whether the issue could be kept pending for some more time, Singh replied in the negative, citing external compulsions (Lanka's extensive drilling in the Gulf of Mannar area and their pro-Chinese lobby) and certain domestic imperatives (oil find).
"The present stage, when the relations with Sri Lanka are cordial and when knowledge of oil strikes in the area is not open, and in view of the basic weakness in our case, it is time to consider such solution as would not adversely affect our overall interests in the waters between Indian and Sri Lanka," Singh said.
Oil clause
With the oil strike in mind, Article 7 of the 1974 accord said, "If any single geological petroleum or natural gas structure or field, or any single geological structure or field of any other mineral deposit, including sand or gravel, extends across the boundary referred to in Article 1 and the part of such structure or field which is situated on one side of the boundary is exploited, in whole or in part, from the other side of the boundary, the two countries shall seek to reach agreement as to the manner in which the structure or field shall be most effectively exploited and the manner in which the proceeds deriving therefrom shall be apportioned."
When Karunanidhi wondered whether the issue could not at a later stage be referred for an opinion to the International Court of Justice at The Hague, Netherlands, Singh explained the difficulties inherent in arbitration by a third party, drawing from India's previous experiences. He added the rule of thumb on the world's opinion tending to side with a small nation as against a big one. Singh stressed that any course other than political negotiations would augment the influence of other foreign powers like China and adversely affect the country's security and economic interests.
On drawing the IMBL, Singh said it essentially consisted of accepting the delimitation line drawn in 1921, which ran three miles to the west of Katchatheevu with the island on the Lankan side. Two alternative lines were also proposed. The first would keep the anticipated oil structure almost entirely on the Indian side while the second would give the country 60% of the oil fields.
Karunanidhi’s green light
Towards the end of the conversation, Karunanidhi indicated his inclination to accept the solution. He, however, said his problem was he could not take the opposition into confidence without sharing with them the knowledge about the oil strike, to convince them to accept the compromise. He added that for obvious political reasons, he could not be expected to take a public stand in favour of the deal. He, however, assured that he would help keep the reaction in Tamil Nadu low key.
The document records Singh as having said that the Tamil Nadu government had been kept informed throughout the negotiations with Sri Lanka.
Wadge Bank
The 1976 agreement recognises the 4,000 sq mile Wadge Bank near Cape Comorin as part of India’s exclusive economic zone. It gives India rights to explore petroleum and other mineral resources there. It was in the Wadge Bank that oil reserves were quietly noticed and shared with Karunanidhi in strict confidence. Strangely, there was no effort at oil exploration there for decades after the deal. But just a few years ago, the Ministry of Petroleum and Natural Gas initiated the initial exploration exercise there. It evoked strong opposition from people in Kanniyakumari who said it would severely impact the ecosystem in Wadge Bank, which is rich in biodiversity and is a major fishing ground.
Royal family
Commenting on the Katchatheevu issue, a member of the Ramnad royal family, Rani N Lakkumi Kumaran Sethupathi (56) said, “The Ramanathapuram Samasthanam had nearly 22 islands, including the Katchatheevu under its rule. Since the Sethupathi kings and the Marakayars were on good terms, during the 18th century the then Sethupathi king gave Katchatheevu on lease to Marakayars for cattle feeding besides pearl and sea stone trade. The island was also used by voyagers and fishermen. Considering the welfare of the people, especially the fishermen, action should be taken to retrieve the island.”
Katchatheevu continues to be an emotional issue in Tamil Nadu, particularly when fishermen are arrested or attacked by the Sri Lankan navy. In 2008, former chief minister J Jayalalithaa moved the Supreme Court seeking to retrieve Katchatheevu. When she came to power in 2011, the Tamil Nadu assembly passed a unanimous resolution asking the state revenue department to implead itself in the case filed by Jayalalithaa. A few other cases related to Katchatheevu and the attack on fishermen are pending in the court.
Political fallout
Would the current round of finger-pointing have any impact on voters in Tamil Nadu, particularly among fishermen, who will exercise their franchise on April 19? The worry at present in Ramanathapuram, Nagapattinam and Pudukkottai is the imprisonment of fishermen arrested by the Sri Lankan authorities.
Some of the fishermen's groups are also contemplating boycotting the polls over the issue. The bigger concern is the decision of Sri Lankan authorities to sentence boat drivers to six months to one year of imprisonment if they violate the IMBL.
However, the fisher vote bank is not a monolith. There are some powerful factions within the community in Tamil Nadu, with each section taking its own political stand. But generally, fisherfolk feel that the five-decade-old issue of ceding Katchatheevu may not have much impact on the elections now. They say the fish catch on the Tamil Nadu side is limited, which is why they are forced to cross the IMBL and put themselves in the Sri Lankan cross-hairs.
Septuagenarian fisherman N J Bose (73) of the All Mechanised Boat Fishermen Association, said, "Before the civil war in Sri Lanka, fishermen from both the countries had great relationships. We even used to share food in the mid-sea. But the civil war in Sri Lanka from 1983 to 2009 greatly affected the Tamil fishermen. Many were arrested while others were gunned down and their boats seized.” Katchatheevu is talked about only during elections; no action is taken, he rued.
Fishermen and their associations in Jegathapattinam and Kottaipattinam in Pudukottai district blame the BJP government at the Centre for not taking action to retrieve Katchatheevu, and other parties in the state for their empty rhetoric. They want the traditional rights of fishermen to use the island for fishing restored.
Wadge Bank pact, 1976
Wadge Bank lies within the exclusive economic zone of India, which shall have sovereign rights over the area and its resources
The fishing vessels of Sri Lanka and persons on board these vessels shall not engage in fishing in the Wadge Bank. But as a gesture of goodwill, six Sri Lankan fishing vessels licensed by the Government of India may engage in fishing in the Wadge Bank for three years from the date of establishment by India of its exclusive economic zone. Their catch shall not exceed 2,000 tonnes in a year
If India decides to explore the Wadge Bank for petroleum and other mineral resources during the three-year period, Sri Lankan fishing vessels shall terminate fishing activity, if any, in these zones with effect from the date of commencement of exploration
India additionally will provide annually to Sri Lanka 2,000 tonnes of fish for five years from the date of cessation of fishing activity by Sri Lanka vessels after the three-year period.
What is Katchatheevu
It’s a small island spanning about 285 acres in the Palk Strait. It is about 33 km from the Rameswaram islet and 24 km from Neduntheevu of Sri Lanka. The island is covered with thorny shrubs and there is practically no vegetation. The only structure on the island is a small Roman Catholic church with a tiled roof. An extension recently built provides some shelter against the sun and rain.
Roman Catholic fishermen are said to have constructed the church and the extension; their nationality or the date of construction are not known. Just outside the structure is a small statue of St. Anthony on a brick and cement base. There is no fresh water on the island. A circular tank has been constructed to store fresh water for the use of the pilgrims who visit the island for the annual St. Anthony festival in March. This year, fishermen from Tamil Nadu boycotted the festival over the arrest of fishermen and remand issues
The timing
The 1974 deal happened three years after the successful Bangladesh liberation war that vivisected Pakistan, when Indira was hailed as Durga by Vajpayee. As for the 1976 accord, it came after Indira had imposed Emergency
Salient features of the 1974 accord
Article 4
Each country shall have sovereignty and exclusive jurisdiction and control over the waters, the islands, the continental shelf and the subsoil thereof, falling on its own side of the aforesaid boundary
Article 5
Indian fishermen and pilgrims will enjoy access to visit Kachchativu as hitherto, and will not be required by Sri Lanka to obtain travel documents or visas for these purposes
Article 6
Vessels of Sri Lanka and India will enjoy in each other’s waters such rights as they have traditionally enjoyed therein
Key elements of the 1976 pact
Article V
Each party shall have sovereignty over the historic waters and territorial sea, as well as over the islands, falling on its side of the aforesaid boundary
Each party shall have sovereign rights and exclusive jurisdiction over the continental shelf and the exclusive economic zone as well as over their resources, whether living or non-living, falling on its side of the aforesaid boundary
Each party shall respect rights of navigation through its territorial sea and exclusive economic zone in accordance with its laws and regulations and the rules of International law
